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STATE OF OREGON 

FIRE WARDEN'S HANDBOOK 

OREGON FOREST 
FIRE LAWS 

REVISED 1916 




STATE BOARD OF FORESTRY 

F. A. ELLIOTT . . State Forester 
E. O. SIECKE . Deputy State Forester 



STATE OF OREGON 

FIRE WARDEN^S HANDBOOK 

OREGON FOREST 
FIRE LAWS 

REVISED 1916 



''^ v?3|/*' , STATE BOARD OF FORESTRY 

F. A. ELLIOTT, . State Forester 
K. O. SIECKE, Deputy State Forester 



Salem J Oregon : 

State Printing Department 

1916 



OREGON STATE BOARD OF FORESTRY 



GOVERNOR JAMES WITHYCOMBE, 

Chairman - Salem 

GEORGE W. PEAVY Corvallis 

Forestry Department, Oregon Agricultural College 

A. T. BUXTON Forest Grove 

Oregon State Grange 

GEORGE H. CECIL Portland 

U. S. Forest Service 

L. S. HILL Cottage Grove 

Oregon and Washington Lumber Manufacturers' 
Association 

DAN P. SMYTHE Pendleton 

Oregon Woolgrowers' Association 

GEO. B. McLEOD Portland 

Oregon Forest Fire Association 



OFFICE OF STATE FORESTER 

F. A. ELLIOTT State Forester 

E.. O. SIECKE Deputy State Forester 



D. of D. 
NOV 19 isir 



JNr 



A Handbook for Fire Wardens 

The purpose of this handbook is to indi- 
cate briefly the forest policy of the State and 
to supply the information needed by the State 
Fire Wardens in the discharge of their 
duties. Instructions to cover every emergency 
that the warden will have to meet cannot, 
of course, be given, but the application of 
the policy here outlined to local conditions, 
should lead to a more hearty cooperation 
between the wardens and the public, and 
result in a more uniform enforcement of the 
forest law and a greater efficiency in fire 
protection work. The handbook contains the 
full text of the forest laws, arranged in a 
form convenient for reference use, together 
with opinions of the Attorney General in 
digest form, relative to several important 
sections. 

F. A. ELLIOTT, 

State Forester. 



Reasons Why the State Appropriates Money 
for Forest Fire Protection 

Oregon has more standing timber than 
any other state in the Union — approximately 
450,000,000,000 feet. 

When manufactured into lumber Oregon's 
timber will bring in at least $6,000,000,000 
of outside money, 80 per cent of which will 
be spent for labor and supplies. 

Oregon is receiving $60,000,000 annually 
for lumber and other timber products. The 
industry is developing rapidly. 

Oregon timber and the lumber industry 
pay approximately one-third of the taxes of 
the State. 

When timber is destroyed by fire, the 
State loses directly the taxes which the prop- 
erty would yield until cut, and indirectly at 
least 80 per cent of its manufactured value. 
For every 1,000 feet of timber burned the 
owner loses the value of the stumpage, about 
$2.00, and the State the amount expended 
for labor and supplies in manufacturing it 
into lumber, about $8.00. 

The last census shows 34,722 people 
engaged in manufacturing industries in 
Oregon, of whom 16,833, or 50 per cent, are 
employed by the lumber industry. 

Out of a population of 672,765 people in 
Oregon, 84,000, or one-eighth of the total 
population, is directly dependent upon the 
lumber industry. No other manufacturing 



industry in the State employs one-tenth as 
many men as this one. 

Over $70,000 of outside money is each day 
brought into Oregon by the lumber industry. 

The last census shows that out of 55 
manufacturing establishments in Oregon 
employing over 100 wage earners, 33 were 
engaged in the lumber industry. 

80 per cent of our outgoing freight is 
lumber. 

Already the revenue derived from Ore- 
gon's timber exceeds that from wheat, fruit, 
vegetables and fish combined, and cutting 
has hardly begun. 

Oregon's timber area is approximately 
25,000,000 acres, of which about one-half is 
publicly and one-half privately owned. 

The 1910 census shows the value of all 
farm property in Oregon, including land, 
buildings, implements, machinery, livestock, 
poultry and bees, to be $528,244,000. The 
stumpage value of our timber is conserva- 
tively placed at $680,000,000, and when 
manufactured $6,800,000,000. 

Since 1910 our losses from forest fires 
have been less than for any one previous 
season, and during that time, one season 
(1914) was the dryest since weather records 
Have been kept. 



General Instructions to Fire Wardens 

J HE FIRE AVARDEX SERVICE 

Under the provisions of the Forest Law it 
becomes the duty of the State Forester to 
appoint and instruct fire wardens, take such 
action as is authorized by law to prevent and 
extinguish forest, brush, and grass fires; 
enforce all laws pertaining to forest and 
brush land, and prosecute for any violation of 
said laws. It is obvious that work along the 
lines of fire patrol and fire fighting must be 
done through the State Fire Wardens. To 
obtain the best results the field force must 
be organized along definite lines, and each 
member should have a clear conception of his 
duties and his relation to other members of 
the organization. The field force directly 
under the orders of the State Forester con- 
sists of District Wardens, Federal Patrol- 
men, and Special Wardens appointed to 
assist in enforcing the law. These officials 
have all the powers of regularly appointed 
State Fire Wardens. In addition State Fire 
Warden appointments are issued to the fol- 
lowing: (1) Patrolmen employed by fire 
patrol associations and individual timber 
owners; (2) rangers of the National Forests 
upon recommendation of the U. S. Forest 
Supervisors; (3) county officials whose 
services as Fire Wardens are especially 
desirable; (4) reputable citizens of the State 
acting as Voluntary Wardens in localities not 
covered by other wardens. These four classes 



of appointments do not carry remuneration 
from the State, or authority to incur expenses 
to be paid by the State, and unless otherwise 
specified terminate at the end of the closed 
season during the year in which the appoint- 
ment is made. In conformity with the pro- 
visions of the law outlined above, State Fire 
Wardens should take steps for the prevention 
and extinguishment of fire in their localities, 
and assist in apprehending and convicting 
offenders against the law, control the use of 
fire during the closed season, and make such 
reports as may be requested by the State 
Forester. All State Wardens have the powers 
of peace officers to make arrests for viola- 
tion of the forest fire law. 

It will help much in carrying out the spirit 
of the law, if wardens will explain to campers 
how they should build fires and extinguish 
them when they leave their camp ground. 
Wardens in the employ of timberland own- 
ers, associations, or of the State, will find it 
well worth while to spend a day now and 
then in clearing up and fixing good camp 
grounds for the benefit of campers, and 
putting up signboards giving distances to 
other camp grounds. 

Each State Warden will be supplied with 
copies of the Forest Laws. These should be 
generally distributed to settlers, hunters, 
campers and others who travel through the 
forests during the summer. Additional 
copies .of> the laws will be furnished by the 
State Forester upon request. 



BURNING PERMITS 

During the period between June 1 and 
October 1 it is unlawful for any person or 
persons to burn slashings, chopping, wood or 
brush land without obtaining a permit from 
a State Fire Warden. The chief object of 
this restriction is to prevent the careless use 
of fire during the dry season. Persons 
engaged in clearing land and putting it under 
cultivation find the use of fire absolutely 
necessary, and the warden's decisions as to 
the advisability of issuing a permit should in 
every case be based on a thorough investiga- 
tion of the area to be burned over. In gen- 
eral, a permit should be issued unless it is 
clear that the burning contemplated is 
unsafe. 

However, the law is intended to safeguard 
the settler as well as the timber owner; con- 
sequently, during extremely dry seasons, 
when the fire hazard is unusually great, few, 
if any, permits should be issued. It is far 
better to inconvenience temporarily one 
settler who desires a permit than to run 
the risk of destroying thousands of dollars 
worth of property. To summarize : It is the 
warden's duty to accommodate applicants by 
issuing permits where there is no danger of 
the fire spreading, but to decline, and give 
reasons, when the burning would be unsafe. 

Instructions for filling out permits are 
given in the permit book with which each 
warden will be supplied. The exact number 

9 



of acres to be burned should be stated in 
each permit issued, since this information is 
necessary in compiling figures showing the 
total acreage burned under permit in the 
State. 

It is very important that burning permits 
be limited to the shortest practicable period. 
In most cases the permittee will not require 
more than from one to three days. As far 
as possible, permits should be issued one day 
before, or on the day the burning is started, 
and under no consideration is it advisable to 
issue a permit extending over a long period 
for burning that can be accomplished in a 
day or two. No permits for a period of ten 
days or more shoidd be issued ivithout first 
consulting the State Forester. 

Section 7 of the Forest Fire Laws pro- 
vides that under certain conditions burning 
may be done during the closed season with- 
out permit. The following regulations 
adopted by the State Board of Forestry 
define burning of this character, and specify 
what is meant by the term "adequate pre- 
cautions and personal control" : 

1. Burning of log piles, stumps, or brush heaps 
without permit as provided for under Section 7 of 
the Oregon Forest Fire Laws, is permissible only 
where the material to be burned is a safe distance 
f-rom other inflammable material and where the 
ground surrounding the log piles, stumps, or brush 
heaps is cleared of any substance which will allow 
of fire spreading to adjacent wooded, brush, or 
slash-covered land, either the property of the par- 
ties eng^geM in burning, or that of another. 

10 



2. "Adequate precautions and personal con- 
trol" is interpreted as meaning that all fires set 
without permit must be continually watched, both 
night and day, by a sufficient number of men 
on the ground for that purpose, and should fire 
escape, steps must be taken at once to extinguish it. 

3. Burning done in violation of these regula- 
tions will submit the party or parties concerned 
to prosecution under the fire laws. 

FIRE WARNING NOTICES 

Each warden should see to it that his 
district or locality is thoroughly posted with 
cloth warning notices. This is one of the 
most effective ways of acquainting campers, 
hunters and others who frequent the woods, 
with the important provisions of the Forest 
Law, and impressing them with the need of 
exercising due caution with fire. One kind 
of cloth warning notice and a cardboard 
"Notice to Engineers and Firemen," have 
been prepared by the State Forester, and a 
supply of these forms will be furnished to 
all State Wardens. 

Old notices that are partially detached or 
have been damaged, should be removed and 
new ones put in their places. An old dilapi- 
dated notice creates a bad impression, and is 
worse than none at all. Wilful destruction 
of posted notices is punishable by fine or 
imprisonment, and if any warden ascertains 
that persons are making a practice of de- 
stroying notices in his district, the matter 
should immediately be reported to the State 
Forester or to the District Warden in his 
district. 

11 



REPORTS OX FIRES 

It is absolutely necessary that the State 
Board of Forestry have a report of all fires 
occurring within the State. For purposes of 
record, reports of small fires are fully as 
important as information concerning large 
ones. It should be borne in mind that the 
efficiency of systematic fire patrol work can- 
not be shown conclusively unless accurate 
information on this subject is available, and 
that in this connection reports on incipient 
fires extinguished by ivardens or others 
before damage is done to timber or other 
property, are especially valuable. Reports 
should be made as complete as possible, and 
prepared on the report blanks provided for 
this purpose. If no fires come under the 
warden's observation or occur in his district, 
a report blank should be sent in at the 
close of each month, duly signed and dated,, 
with a note, '*No fires this month," written 
across the face of the form. Stamped and 
addressed envelopes are furnished for this 
purpose. 

Many of the fires reported as being of 
unknown origin are undoubtedly caused by 
carelessness. It is the w^arden's duty, under 
the law, to use every reasonable means at his 
command to ascertain the cause of every fire 
in his district. In addition, the warden 
should inform the State Forester of the party 
repsonsible for the fire, no matter who that 
party may be. This information is necessary 
'in order that every precaution may be taken 

12 



to prevent the recurrence of fires from the 
same source in the future. 

During the years 1911-15, a total of 3,583 
fires were reported on privately owned land 
outside of the National Forests, and about 
86 per cent were caused through carelessness 
or wilfulness. Beyond question, a majority 
of these fires were the result of violations 
of the law by campers, hunters, railroad 
companies, loggers and ranchers. 

It should, therefore, be the aim of every 
State Fire Warden to reduce the number of 
avoidable fires in his territory. The Forest 
Fire Law was enacted chiefly to assist in 
reducing the number of fires of this kind. 
In order to obtain the results desired the 
warden should see to it that all persons using 
fire in the open during the period June 1 to 
October 1 comply with the law. 

Wilful violation of the law should not be 
tolerated, but the warden will be justified 
in exercising leniency in rare cases where 
some minor technical violation is involved. 
Wholesome respect for the law can be created 
only by punishing the violators. A law per- 
sistently disregarded is far worse than none. 

Persons taken in the act of violating the 
fire laws can be arrested by State Fire War- 
dens without warrant. In case the convic- 
tion of the offender depends on the testimony 
of several persons, wardens will find it 
advisable to take the written testimony of 
the important witnesses and confer with the 
District Warden of their county, or with the 

13 



District Attorney before swearing out a 
warrant. If the offender is likely to escape 
by reason of such delay, the arrest should 
be made on the warden's judgment after a 
careful consideration of the law and the 
evidence in the case. 

A FEW THINGS TO BE REMEMBERED 

State officials charged with the execution 
of the Forest Fire Law have to deal with 
sawmill men, who must cut timber to make 
lumber ; with farmers, who have to clear land 
to make it pay taxes ; with miners and pros- 
pectors, who are striving to produce some- 
thing where no revenue is now in sight ; with 
cattle and sheep men, who are honestly try- 
ing to make their living from lands that are 
otherwise unproductive. The intent of the 
law is to assist all these. They should be 
given a fair deal. One enemy made by 
thoughtlessness or lack of tact in dealing 
with the public, may do damage that can 
never be repaired. 



14 



Instructions to District Wardens 

District Wardens have charge of enforcing 
the provisions of the Forest Fire Laws in 
their respective districts. Roads and trails, 
or any other means of reaching remote sec- 
tions, should be investigated. Arrangements 
should be made with county courts for clear- 
ing up brush and debris along trails and 
roads, and with private parties for burning 
all slashings and windfalls at times when 
such work can be done safely. 

The slash menace constitutes one of the 
most important problems in connection with 
the protection of standing timber and 
logging equipment, and the District Warden 
must give his earnest attention to this work. 
He should make a complete list of the slash- 
ings in his county on Form C, which can be 
done without loss of time while traveling 
over his county on other lines of work. It 
should be borne in mind that climatic condi- 
tions and other factors often make it impos- 
sible to dispose of slash in strict compliance 
with the provisions of Section 11 of the law. 
Each slashing should be considered as an 
individual problem, and the law should be 
used as an effective persuader where a 
valid objection against burning cannot be 
advanced. 

The District Warden will be in charge of 
the Federal patrolmen appointed to serve in 
his county or district. These patrolmen are 
instructed to submit daily reports of their 

15 



work on Form B, at the end of each week. 
Their reports should be examined carefully 
to see to it that the patrlomen are covering 
their districts properly. The District War- 
dens will be held responsible for keeping the 
Federal patrolmen, as well as association 
patrolmen, engaged on improvement work 
during damp periods, when patrol is not 
necessary. This is very important, and 
definite plans covering trail work, etc., 
should be discussed with each patrolman at 
the time he goes on duty. All patrolmen 
should be impressed with the fact that a 
day's work is expected of them for every day 
they are on the payroll. The District War- 
dens should familiarize themselves with the 
daily routes of the patrolmen, so as to be 
able to communicate with them with the 
least possible delay in case of emergency. 
If possible, some telephone should be desig- 
nated where the patrolman may be called at 
a definite time during the day, in case it is 
desired to give him instructions or obtain 
information. It would be well to make 
similar arrangements with as many as possi- 
ble of the patrolmen employed by private 
timberland owners in non-association dis- 
tricts. The importance of planning for 
means of , rapid communication must not be 
overlooked. It is. absolutely essential in any 
effective fire patrol or fire fighting work. 

The District Warden is requested to 
recommend suitable men to act as Voluntary 
Wardens ' in localities where there are no 
16 



regularly employed wardens. Such men will 
be given appointment, so that settlers having 
slashings to burn may be accommodated with 
the least possible inconvenience. The tele- 
phone numbers of wardens of this class who 
have instruments in their homes, should also 
be recorded. The State Forester will supply 
the names and addresses of persons appointed 
State Fire Wardens in each district, when 
such appointments are made. The District 
Warden should get acquainted with all 
the wardens in his district at the earliset 
opportunity. 

Logging camps, sawmills, and railroads 
where steam engines burning fuel other than 
oil are being operated, should be inspected 
to see that proper spark arresters are kept in 
use and that rights-of-way are kept free from 
inflammable debris. A number of cardboard 
''Notices to Engineers and Firemen" should 
be posted in all logging camps, and in saw- 
mills located adjacent to standing timber. 

The District Warden will fill out a daily 
report on Form B, and forward it to the 
State Forester at the end of each week. He 
will also be furnished with an outline to be 
followed in making his seasonal report at the 
close of the fire season. The topics men- 
tioned in the outline should be carefully 
noted, and as he travels over his district 
during the fire season, each District Warden 
is expected to record in a note book kept for 
this purpose, all information bearing on the 
points mentioned in the outline. 
17 



Careful note should be made of the policy 
of the State in regard to fighting fires, as 
outlined on page 23, and it should be seen to 
that the Federal patrolmen have thorough 
instructions along this line. In case public 
safety demands that the State take action 
in suppressing a fire in districts not patrolled 
by associations, such tools, equipment and 
camp supplies as are necessary properly to 
conduct the work, may be purchased. The 
District Warden will be held accountable for 
all such equipment, except, of course, food 
supplies, until it is turned over to the State 
Board of Forestry, or to another warden. 
Ordinarily it will not be advisable to pay fire 
fighters more than the customary wage for 
labor prevailing in the locality of the fire. 
However, this policy cannot always be 
adhered to, and the District Warden must 
use his own judgment in determining when 
circumstances warrant offering wages that 
are above the average. 

In addition to the duties outlined above, 
District Wardens in counties in which a Fire 
Patrol Association exists, have supervision 
of the field work of the association. Under 
the cooperative agreement existing between 
the State and the associations, the District 
Wardens have charge of selecting and direct- 
ing the work of the association patrolmen, 
supervising improvement work, and sub- 
mitting plans relative to trails, telephone 
lines, etc., that should be constructed to 
increase the efficiency of the patrol. 
18 



Federal Patrolmen 

Under a cooperative agreement between 
the U. S. Department of Agriculture and the 
State Board of Forestry, the Federal Govern- 
ment has allotted funds for the services of 
one or more patrolmen in each heavily tim- 
bered county in the State. These men will 
be appointed by the State Forester. The 
districts to be covered by them will be 
determined by the State Forester assisted 
by the National Forest Supervisors and the 
District Wardens. The work of the Federal 
patrolmen will be under the immediate 
direction of the District Warden in charge of 
the county or district in which they serve. 
They will prepare daily reports in duplicate 
on Form B. One copy should be sent to the 
State Forester, and one to the District 
Warden at the end of each week. These 
reports should show just what the patrolman 
did each day. If patrol work was done, the 
'"beat" followed should be described by refer- 
ing to streams or ridges, and if necessary to 
legal subdivisions. 

Federal patrolmen will be assigned a 
definite territory over which they will be 
required to keep a constant patrol, looking 
out for fires and extinguishing them as far 
as possible without additional assistance. 
Their District Warden will instruct them 
relative to hiring extra help in taking care 
of fires that cannot be handled without 
assistance. Federal patrolmen will be sup- 
plied with penalty envelopes, which should 

19 



be used in all official correspondence with 
the State Forester, District Wardens or the 
public. They must under no consideration be 
used for correspondence on purely personal 
matters. 

Wardens in the Employ of Timber Owners and 
Fire Patrol Association 

Association patrolmen are selected by the 
District Wardens in charge of the field work 
for the various fire patrol associations, and 
work under their immediate supervision. At 
the time they are appointed they should 
receive from their District Warden detailed 
instructions relative to patrol and improve- 
ment work, and as to what action to take in 
case of serious fire occurring in their district. 

Wardens in the employ of timber owners 
who are maintaining a patrol in districts not 
covered by a fire patrol association, are, of 
course, under the supervision of their 
employers; however, their acceptance of 
appointment as State Fire Wardens carries 
with it certain obligations to the State. 
They should cooperate with the District 
Warden in every way possible, and his sug- 
gestions should be followed in all instances 
where they do not conflict directly with their 
employers' instructions. However, they 
should' feel free to make suggestions to the 
District Warden whenever mutual benefit 
will result. All paid Fire Wardens of this 
class must have definite instructions from 

20 



their employers in regard to securing assist- 
ance in fighting fire in their districts, so 
that no time will be lost in promptly handling 
any fire that may occur. They have no 
authority to incur debt for the State. The 
wardens should note carefully the policy of 
the State in fighting fires, as outlined on 
page 23. 

Voluntary Wardens 

The chief duties of the Voluntary War- 
dens will be to issue burning permits in their 
immediate locality, post fire warning notices 
in conspicuous places, distribute copies of 
the law, and submit reports on forest fires 
that come under their observation. They 
must notify the nearest paid warden, or the 
District Warden of their county, in case a 
fire occurs that cannot be readily controlled 
by the persons whose property is endangered. 
No expenses will be paid by the State, unless 
authorized by the District Warden. In this 
connection attention is directed to the policy 
of the State in fighting forest fires outlined 
on page 23. Permits to burn should be issued 
in accordance with the instructions given in 
this book and the regulations on the inside 
cover pages of the Burning Permit Book. 

Under Chapter 90, General Laws of 
Oregon, 1913, all county judges within the 
State of Oregon are made ex officio fire 
wardens, with authority to issue or revoke 
permits for burning slashings, etc., between 

21 



June 1 and October 1 ; provided, that every 
person to whom such permit is issued shall 
give at least 24 hours' notice to each resident 
owner of adjoining lands of the time when 
he intends to set fire in accordance with 
his permit. County judges who use their 
authority under this law are earnestly 
requested to cooperate with our District 
Wardens and not issue permits in territory 
covered by wardens working under our 
general forestry laws. 

Fire Fighting 

GENERAL INSTRUCTIONS 

No definite instructions can be given in 
regard to fire fighting, but each warden is 
expected to have had experience along this 
line, and must rely on his best judgment. It 
is a well known fact that the best time to 
fight a fire is at night or very early in the 
morning, when the air is damp and the fire is 
at its weakest stage. A few men judiciously 
handled at this time can accomplish more 
than a greater number of men during the 
middle of the day. In fact, it is often a waste 
of energy and expense to do any work on a 
fire wherj it is dry and windy. 

Back fires should not 'be set except where 
absolutely necessary, since they very often 
become' unmanageable and do more damage 
than the original fire. However, should back 
firing , be- considered advisable, a road or wide 
trail should be taken as the base of opera- 
22 



tions. The fire should be started against the 
wind, and a sufficient force of men should be 
on hand to control it. Ordinarily, the best 
time to back fire is in the evening. Wardens 
should have personal charge of all fire fight- 
ing, and in case it is necessary for them to 
be absent for a time from any fire, a 
competent man must be placed in charge. 
Extreme care should be taken to patrol a fire 
properly after it is under control. Failure 
to do so often causes more trouble and 
expense than the original fire. 

Wardens who have authority from their 
employers to get assistance, should make 
arrangements with settlers, or, if there are 
logging camps in the district, with foremen 
of these, for obtaining help at once in case 
of fire, so that no time may be lost in getting 
started to fight it. Similar arrangements 
should also be made for provisions and 
transportation in case of emergency. 

Policy of the State Relative to Fire Fighting 

County Fire Patrol Associations and 
private patrols are responsible for handling 
all fires occurring in the territory embraced 
in their patrols. 

In counties and districts where the patrol 
work is handled directly by the State, the 
District Warden should see that all fires on 
timberlands coming under the provisions of 
the compulsory patrol law (see page 45) are 
promptly handled. Timberlands whose own- 
23 



ers live on or within one and one-half miles 
of the same are not subject to the law, since 
such residence is considered as constituting 
sufficient protection. The owners, however, 
are responsible for putting out all fire 
occurring on their land and it is the duty 
of the District Warden and patrolmen to see 
that they do so. 

Fires in agricultural localities should be 
handled by the persons upon whose land they 
occur or by the persons who started them 
(see Sec. 8, page 36). No patrol assessments 
are received from these localities, and no 
money except from the general legislative 
appropriation is available for handling such 
fires. It is not the intention of the Forest 
Fire Laws that money from the legislative 
appropriation be used in fighting fires except 
in extreme emergencies, and no expenditures 
should be incurred in agricultural localities 
without special authority from the State 
Forester. 

ADMINISTRATION OF FIRE PATROL LAW 

The law is officially designated as Chap- 
ter 247 of the Law^s of Oregon for 1913, and 
is given in full on pages 45 and 46 of the 
handbook.. Under its provisions every owner 
of timberland not residing within one and 
■one-half miles of the same must provide an 
adequate patrol therefor, and in case he fails 
to do so the State Forester must provide 
patrol and collect the cost thereof from the 
owner by placing a fire patrol assessment 

24 



against the land on the tax rolls. Actual 
residence on timberland by a bona fide tenant 
is considered as constituting adequate patrol, 
and exempts the owner from payment of 
patrol assessments. The owners or tenants 
are, however, responsible for putting out all 
fires occurring thereon. 

Owners of timberland not exempted 
because of residence or occupation by 
tenants, comply with the law by joining a 
fire patrol association whose patrol work is 
recognized as adequate by the Board of 
Forestry, or by providing adequate private 
patrol. Any timber owner providing private 
patrol must have his patrolman sign an 
affidavit that he has been authorized by his 
employer to incur all expenditures necessary 
to promptly suppress any and all fires 
occurring on the timberlands in question. 
Upon receipt of the affidavit the patrolman 
will be sent an appointment as fire warden, 
together with a daily report book. He will 
be expected to submit daily reports to the 
District Warden in the same manner as 
association and Weeks Law patrolmen. The 
District Warden will carefully note these 
reports and will immediately notify the State 
Forester in case the reports or a personal 
investigation indicate that the patrol is not 
adequate. The District Warden will be noti- 
fied of all private patrols in the territory 
under his supervision, and should see to it 
that all the paid patrolmen serving under 
him are informed as to what tracts in their 



25 



districts are privately patrolled and the 
names of the men who are doing the 
patrolling. 

The State Forester provides patrol for all 
timberlands not listed with patrol associa- 
tions or furnished with private patrol. In 
association counties such lands are turned 
over to the associations for patrol, while in 
counties or districts where no association 
exists, the lands are patrolled under the 
direct supervision of the State Forester. 

Supplies 

At the time of appointment each Fire 
Warden will be supplied from this office 
with a permit book, warning notices, report 
blanks, and other forms necessary in the 
discharge of his duties. He will also be 
furnished with a numbered badge of 
authority, which must be returned at the 
close of the fire season. Ordinarily, the 
supplies will be sent directly to the warden, 
although in some cases it will be advisable 
to forward them to the warden's employer, 
who will see that they are properly distribu- 
ted.* Additional supplies may be obtained 
upon request from the State Forester, Salem, 
Oregon. - 



26 



Oregon Forest Fire Law 



CHAPTER 278 OF THE LAAVS OF OREGOX 
FOR 1911 



Enacted by the Twenty-sixth Legislative Assembly 



AN ACT 

For the protection of the forests of the State of Oregon ; 
to prevent and suppress forest fires, to create a State 
Board of Forestry to serve without compensation, and 
a State Forester and deputy, and for the appointment 
of fire wardens, and to prescribe their rights, powers 
and duties, and to provide for the payment of their 
compensation and expenses and the expenses of said 
Board ; providing- penalties for the violation of the 
provisions of this Act, making an appropriation there- 
for ; repealing Sections 5508, 5509, 5510, 5511, 5512, 
5513, 5514, 5515, 5516, 5517, 5518, 5519, 5520, 5521, 
of Lord's Oregon Laws (Chapter 131 of th,e Laws 
of Oregon for the year 1907), and declaring an 
emergency. 

Be it enacted by the People of the State of Oregon: 
Be it enacted by the Legislative Assembly of the 
State of Oregon: 

STATE BOARD OF FORESTRY 

Section 1. There shall be a State Board 
of Forestry, consisting of the Governor, the 
acting head of the Forest School of the 
Oregon Agricultural College, and five elec- 
tors of the State of Oregon, to be appointed 
by the Governor from and upon the authori- 
tative recommendation of the Oregon State 
Grange, the Oregon Forest Fire Association, 
the Oregon and Washington Lumber Manu- 
facturers' Association, and the United States 
Forest Service, and Oregon Woolgrowers' 
Association, each to select and name one 

27 



of such electors. In the absence of such 
recommendation the Governor shall never- 
theless appoint said electors. Said Board of 
Forestry shall supervise all matters of forest 
policy and management under the jurisdic- 
tion of the State, and approve claims for 
expenses incurred under the provisions of 
this act. The members of said Board shall 
receive no compensation for their services 
thereon, but shall be entitled to actual travel- 
ing expenses which may be incurred in 
attending Board meetings. 

Said Board shall meet at any convenient 
place in the State upon the call of the 
Governor or its secretary. A majority of 
said Board shall constitute a quorum. 

APPOINTMENT AND DUTIES OF 
STATE FORESTER 

Section 2. The State Board of Forestry 
shall appoint a State Forester, who shall be 
a practical forester familiar with western 
conditions and experienced in organization 
for the prevention of forest fires. He shall 
hold office at the pleasure of said Board, 
which shall also have power to fix his com- 
pensation at not to exceed three thousand 
dollars ($3,000.00) per annum. He shall be 
authorized and empowered to appoint a 
deputy whose salary shalj be fixed by the 
State Board of Forestry at not to exceed 
eighteen hundred dollars ($1,800.00) per 
annum. He shall be allowed necessary office 
and contingent expenses, including clerical 
help, and he and his deputy shall be paid 

28 



actual traveling and field expenses which 
may be incurred in the performance of their 
official duties. He shall, under the supervi- 
sion of the State Board of Forestry, execute 
all matters pertaining to forestry within the 
jurisdiction of the State ; appoint and instruct 
fire wardens as provided for in this act; 
direct the improvement and protection of 
State forest lands; collect data relative to 
forest conditions; take such action as is 
authorized by law to prevent and extinguish 
forest, brush, and grass fires; enforce all 
laws pertaining to forest and brush-covered 
lands, and prosecute for any violation of said 
laws; cooperate with land owners, counties 
or others in forest protection; advise and 
encourage reforestation ; and publish such 
information on forestry as he may deem wise. 
He shall act as secretary of the State Board 
of Forestry, and prepare annually a report 
to the Governor on the progress and condition 
of State forest work, containing recommen- 
dations for improving methods of forest 
protection, management and reproduction 
within the State of Oregon. During the 
State Forester's absence or disability, all his 
authority shall be exercised by his deputy. 

APPOINTMENT OF FIRE WARDENS AND 
SPECIAL AVARDENS — ASSISTANCE TO 
BE GIVEN IN PROTECTING LIFE AND 
PROPERTY 

Section 3. Under such general policy as 
to qualifications, numbers and localities as 
the State Forester shall deem wise, he shall 

29 



appoint suitable and proper citizens fire 
wardens, who shall have all the powers given 
to fire wardens under this act, but shall 
serve voluntarily or under compensation by 
property owners or counties. State and 
county officials whose duties make their 
ex officio services as fire wardens especially 
desirable as a convenience to the public, shall 
accept appointments as such when formally 
requested by the State Board of Forestry. 
Upon the recommendation of Federal Forest 
Supervisors, the State Forester shall appoint 
resident officers of the national forest ex 
officio fire wardens. In times or localities 
of particular fire danger, or to enforce the 
fire laws or apprehend and prosecute viola- 
tors thereof, the State Forester shall have 
power to appoint and employ, either indepen- 
dently or jointly with other agencies, such 
additional fire wardens, and furnish these 
such assistance and facilities for protecting 
life or property from fire, as he shall deem 
public safety demands, and unless contrib- 
uted by other sources, the cost thereof shall 
be paid from the funds appropriated by this 
act, but each county in which such service 
is given shall be responsible for one-third of 
the expenses thus actually incurred and paid 
by the State for services within said county, 
and upon demand by the State Treasurer 
shall pay the amount thus due into the State 
treasury,- to be credited to the fund appro- 
priated by this act. 



30 



STATE FORESTER MAY DESIGNATE FIRE 
DISTRICTS AND APPOINT DISTRICT 
FIRE AVARDENS 

Section 4. The State Forester shall, with 
the advice of property owners or agents or 
counties desiring to cooperate in forest 
protection, designate suitable areas to be 
official fire districts. He may appoint for 
each district one or more District Fire War- 
dens, to be paid as other fire wardens under 
this act, and to serve until their appointments 
are revoked by their employers' request or 
by the State Forester for good cause shown. 
Upon written notice to the State Forester by 
the person or authority upon whose recom- 
mendation any other fire warden is appoint- 
ed, said fire warden shall be subject to the 
direction of the proper District Fire Warden. 

LAND COVERED WITH INFLAMMABLE MATE- 
RIAL ADJACENT TO FOREST LAND DE- 
CLARED A PUBLIC NUISANCE — STATE 
FORESTER TO ADVISE WITH OWNERS 

Section 5. Any and all inadequately pro- 
tected forest or cut-over land, adjoining, 
lying near, or intermingling with other forest 
land and covered wholly or in part by inflam- 
mable debris or otherwise likely to further 
the spread of fire, which by reason of such 
location or condition or lack of protection 
endangers life or property, is hereby declared 
to be a public nuisance, and whenever the 
State Forester shall learn thereof he shall 
notify the owners or persons in control or 
possession of said land, requesting them to 
31 



take proper steps for its protection and 
advising them of means and methods to 
that end. 

The burning of slashings resulting from the cutting of 
cordwood and the clearing of land are covered by this 
section and not by Section 11. 

If, after proper notice from the State Forester, the 
owners or persons in control or in possession of land, 
covered wholly or in part by inflammable material and 
thereby considered a public nuisance, neglect or refuse to 
take any steps to protect life and property, the State 
Forester has authority under Chapter 2 of Lord's Oregon 
Laws to cause the nuisance to be abated, by proceeding 
through the courts in accordance with the mode of pro- 
cedure outlined in said chapter. The State Forester is not 
empowered arbitrarily to abate the nuisance and charge 
the costs thereof to the parties responsible. (Opinion of 
Attorney General.) 

DUTIES OF STATE FIRE WARDENS 

Section 6. All fire wardens appointed 
under this act shall, under instruction from 
t?ie State Forester as to their exercise of 
State authority, take proper steps for the 
prevention and extinguishment of fires with- 
in the localities in which they exercise their 
functions, assist in apprehending and con- 
victing offenders against the fire laws, con- 
trol the use of fire for clearing land in the 
closed season, as provided by Sections 7 and 
8 of this act, and make such reports of their 
v/ork and conditions within their localities as 
may be requested by the State Forester. They 
shall have the power of peace officers to 
make arrests for violation of forest laws. 
They shall have, power 'to enter upon the 
lands of any person or owner in the discharge 
of their duties ; provided, that in so entering 
they shall exercise due care to avoid doing 
damage. -Any fire warden who has informa- 
32 



tion which would show, with reasonable cer- 
tainty that any person has violated any pro- 
vision of the forest laws, shall immediately 
take action against the offender, either by 
using his ow^n power as a peace officer or 
by making complaint before the proper 
magistrate, or by the filing of information 
with the District Attorney, and shall obtain 
all possible evidence. Failure on the part of 
any fire warden receiving compensation to 
comply with the duties prescribed by this act 
shall be a misdemeanor and punishable by a 
fine of not less than twenty dollars ($20.00), 
nor more than two hundred and fifty dollars 
($250.00), or by imprisonment in the county 
jail for not less than ten (10) days nor more 
than three (3) months, or both such fine and 
imprisonment. 

lUR\l\(i WITHOIT PERMIT PROHIBITED 
Jl\K 1 TO OCTOBER 1 — BURNING OF 
LO(i PILES, STUMPS AND BRUSH HEAPS 
IX SMALL QUANTITIES EXCEPTED. 

Section 7. During the period between 
June 1 and October 1, which is hereby desig- 
nated the closed season, it shall be unlawful 
for any person or persons to set on fire, or 
cause to be set on fire, any slashing, chop- 
ping, woodland or brush land, either his or 
their own or the property of another, without 
written or printed permission from a fire 
warden and compliance with the terms there- 
of which shall prescribe the conditions upon 
which the permit is given and which are 
necessary to be observed in setting such fire 
33 



and to prevent it from spreading so that 
life or property of another may be endan- 
gered thereby. This restriction shall not 
apply to the burning of log piles, stumps or 
brush heaps, in small quantities, under ade- 
quate precautions and personal control, and 
in accordance with any regulations which 
may be adopted by the State Board of 
Forestry for the purpose of insuring public 
safety ; but if any such burning without per- 
mission shall result in the escape of fire and 
injury to the property of another, this shall 
be held prima facie evidence that such burn- 
ing was not safe and was a violation of this 
section. Violation of these provisions shall 
be punished by a fine of not less than twenty- 
five dollars ($25.00), nor more than five 
hundred dollars ($500.00), or by imprison- 
ment of not less than ten (10) days nor more 
than three (3) months. Permits to burn, as 
provided by this section, may be issued by 
any fire warden, and shall contain such safe- 
guarding restrictions as to time of burning 
and precaution to be taken as may be fixed 
by the State Forester or left by him to the 
discretion of fire wardens. Any fire warden 
shall have the right to refuse, revoke or 
postpone permits when necessary to prevent 
danger to' the life or property of another. 
Any permit obtained through wilful misrep- 
resentation shall be invalid and give no 
exemption from liability of any kind. In 
times and localities of unusual fire danger, 
the Governor, with the advice of the State 

34 



Forester, may suspend any or all permits 
or privileges authorized by this section and 
prohibit absolutely the use of fire herein 
mentioned. Whenever, or wherever, during 
an open season for the hunting of any kind 
of game in this State, it shall appear to the 
Governor upon the showing of the State 
Forester that by reason of extreme drought 
the use of firearms or fire by hunters is liable 
to cause forest fires, he may, by proclama- 
tion, suspend the open season and make it a 
closed season for the shooting of wild birds 
and animals of any kind for such time as he 
may designate, and during the time so desig- 
nated all provisions of law relating to closed 
seasons for game shall be in force. 

REGULATIONS ADOPTED BY THE STATE BOARD 
OF FORESTRY GOVERNING BURNING WITHOUT 
PERMIT 

1. Burning of log piles, stumps, or brush heaps with- 
out permit as provided for under Section 7 of the Oregon 
Forest Fire Law, is permissible only where the material 
to be burned is a safe distance from other inflammable 
material and where the ground surrounding the log piles, 
stumps, or brush heaps is cleared of any substance which 
will allow of fire spreading to adjacent wooded, brush, or 
slash-covered land, either the propertv of the parties 
engaged in burning or that of another. 

2. "Adequate precautions and personal control" is 
interpreted as meaning that all fires set without permit 
must be continually watched both night and day by a 
sufficient number of men on the ground for that purpose, 
and should fire escape, steps must be taken at once to 
extinguish it. 

3. Burning done in violation of these regulations will 
submit the party or parties concerned to prosecution under 
the fire laws. 



35 



SETTING FIRE TO WOODS, BRUSH, GRASS, 
ETC., OX ANOTHER'S LAND, OR ALLOW- 
ING FIRE TO ESCAPE TO LAND OWNED 
BY ANOTHER 

Section 8. Any person who sets on fire, or 
causes to be set on fire, any woods, brush, 
grass, grain, stubble, or other material being 
or growing on any lands not his own, without 
permission from the owner, or who wilfully 
or negligently allows fire to escape from his 
own land, or anyone who accidentally sets 
any fire on his own land or another's and 
allows it to escape from his control without 
extinguishing it, or using every effort to do 
so, shall be punished by a fine of not less 
than fifty dollars ($50.00), nor more than 
one thousand dollars ($1,000.00), or impris- 
onment for not less than one (1) month nor 
more than one (1) year; provided, that it 
shall be lawful to build, in a careful manner, 
camp fires on any uninclosed lands, the 
owner of which has not forbidden such build- 
ing of camp fires thereon by personal notice 
or by posting such prohibition in conspicuous 
places or otherwise, if, before departing from 
the place where such camp fire has been 
built, the builder of such fire totally extin- 
guishes the same; and, provided further, that 
nothing in this section shall apply to the 
setting of - a back fire, ip good faith, to 
prevent the progress of a fire then burning. 

The. words, "or who wilfully or negligently allows fire 
to escape from his own land," imply that even thovigh the 
fire had not been started upon the owner's land, it would 
be his duty just as much to extinguish it as it would be if 
it h£td started on his land. (Opinion of Attorney General.) 

36 



BUILDINCi CAMP FIRES 

Section 9. Any person who builds a camp 
fire upon lands within this State, not his own, 
without clearing the ground immediately 
around it free from material which will carry 
fire, or who leaves thereon a camp fire burn- 
ing and unattended, or who permits a camp 
fire to spread thereon, or who uses in any 
firearms discharged thereon other than 
incombustible gunwadding, shall be punished 
by a fine of not less than twenty-five dollars 
($25.00) , nor more than five hundred dollars 
($500.00), and upon refusal or neglect to 
pay the fine and costs imposed shall be 
imprisoned for a period not to exceed one day 
for every two dollars ($2.00) thereof, or may 
be subject to both such fine and imprison- 
ment at the discretion of the court. 

It is not necessary that a camp fire being- left unat- 
tended or unextinguished should do damage to surrounding 
property to make this section applicable. 

SPARK ARRESTERS ON ENGINES IN OR NF.AR 
FOREST OR BRUSH LAND 

Section 10. From June 1 to October 1 of 
each year it shall be unlawful for any person, 
firm or corporation, or employe thereof, to 
use or operate any locomotive, logging 
engine, portable engine, traction engine or 
stationary engine using fuel other than oil, 
in or near forest or brush land, which is not 
provided with an adequate spark arrester 
kept in constant use and repaired. Any per- 
son, firm or corporation who shall wilfully 
fail to comply with the foregoing provisions 

37 



of this section shall be guilty of a misde- 
meanor, and upon conviction thereof shall 
pay a fine for each engine or locomotive 
without such spark arrester of not less than 
twenty- five dollars ($25.00), nor more than 
one hundred dollars ($100.00), and shall be 
enjoined from further use of such engine or 
locomotive until such spark arrester is pro- 
vided. Escape of fire from any engine shall 
be prima facie evidence that such appliance 
has not been adequately maintained in com- 
pliance with this section. Upon proof that 
any prosecution has been instituted under 
this section by any fire warden, any court 
of competent jurisdiction shall enjoin the 
further use of the engine involved, unless 
equipped and maintained in compliance with 
this section to the satisfaction of said fire 
warden, until the defendant has been 
acquitted of the charge preferred. 

The escape of fire, as used in this section, means such 
an escape of sparks or fire as endangers, regardless of 
whether property is actually set on fire and destroyed. 
While escape of fire from an engine is prima facie evi- 
dence that the appliance has not been adequately main- 
tained in compliance with the law, the escape of fire to 
such an extent that it would endanger property must be 
shown. Justices of the Peace have jurisdiction of cases 
growing out of the violation of this section. (Opinion of 
Attorney General.) 

BURNING OF SLASHINGS 

Section 11. All persons, firms, or corpor- 
ations engaged in logging, or permitting log- 
ging upon their lands, in this State, shall 
each year burn their annual slashing, by 
which is meant the top and inflammable 
refuse left after lumbering, that may carry 

38 



fire or cause it to spread, at such time and 
in such manner and with such provision of 
help as will confine the fire to their own 
lands, and if such burning is done between 
June 1 and October 1 shall first cut down 
all dead trees or snags over twenty-five (25) 
feet high. Builders of trails, roads or rail- 
roads in this State shall immediately destroy 
or remove all inflammable material resulting 
from constructing or clearing for such 
imiprovements unless prevented under the 
provisions of Sections 7 and 8 of this act. 
Any person, firm or corporation operating a 
railroad in this State with coal or wood fuel 
shall annually, or when so directed by the 
State Board of Forestry, and in a manner 
and to an extent directed by said Board, 
destroy or remove all inflammable material 
from the right-of-way of said railroad. All 
burning under the provision of this section 
shall be in accordance with the provisions of 
Sections 7 and 8 of this act. Refusal or 
neglect to comply with the provisions of this 
section shall be punished by a fine of not less 
than one hundred dollars ($100.00), nor 
more than one thousand dollars ($1,000.00) 
for each offense; provided, that the State 
Forester, with the consent of the Board of 
Forestry, may suspend the restrictions of 
this section when and where he deems public 
safety so permits or requires. It is further 
provided, that in the absence of such suspen- 
sion, and in case of refusal or neglect by any 
person or persons at fault, after proper 

39 



notice, to take the precautions against fire 
required by this section, the State Forester, 
or District Fire Warden acting with his con- 
sent, may have the work done to the extent 
he deems requisite to public safety, and the 
cost thereof and the expense of any fire 
patrol rendered necessary by the delay shall 
be recoverable from the offender by action 
for debt. 

The attention of loggers, owners on whose hmd log- 
ging is being done, builders of trails, roads and railroads, 
should be called to this section by the wardens. Refusal 
of any person or corporation to connply with these pro- 
visions should be reported to the State Forester. 

SETTING FIRE WITH MALICIOUS IXTENT A 
FELOXY 

Section 12. Any person who shall unlaw- 
fully or maliciously set fire to any woods, 
forest, timber, brush or vegetable matter 
whatever, with intent that the property of 
another shall be injured thereby, shall be 
guilty of a felony, and upon conviction 
thereof shall be punished by imprisonment 
in the State penitentiary for not less than 
one (1) year nor more than ten (10) years. 

DAMAGE FROM FIRE MAY BE RECOVERED IX 
CIVIL ACTIOX 

Section 13. In addition to the penalties 
provided in this act, the IJnited States, State, 
county, or private owners, whose property is 
injured or destroyed by fires in violation of 
this' act, may recover in a civil action double 
the amount of damages suffered if the fires 
occurred through wilfulness, malice or neg- 

40 



ligence; but if such fires were caused or 
escaped accidentally or unavoidably, civil 
action shall lie only for the actual damage 
sustained as determined by the value of the 
property injured or destroyed, and the 
detriment to the land and vegetation thereof. 
Persons or corporations causing fires by 
violations of this act shall be liable in action 
for debt to the full amount of all expenses 
mcurred in fighting such fires. 

ANY PERSON OTHER THAX A COMPENSATED 
FIRE WARDEN FURNISHING INFORMA- 
TION LEADING TO A CONVICTION 
ENTITLED TO ONE-HALF OF FINE 

Section 14. Any person not employed and 
compensated as a fire warden who shall 
detect anyone violating any of the provisions 
of this act, and shall furnish information 
leadmg to the arrest and conviction of such 
person, shall, upon his conviction, receive 
one-half of the fine paid by such person con- 
victed, otherwise all fines imposed under this 
act, less the cost of collection, shall go into 
the general fund of the county in which 
conviction is had. 

DISTRICT ATTORNEY TO PROSECUTE OFFEND- 
ERS AVITH ALL DILIGENCE AND ENERGY 

Section 15. Whenever an arrest shall 
have been made for violation of any pro- 
vision of this act, or whenever any evidence 
which shows with reasonable certainty any 
such violation shall have been lodged with 
him, the District Attorney for the county in 

41 



which the criminal act was committed must 
prosecute the offenders with all diligence 
and energy. If any District Attorney shall 
fail to comply with the provisions of this 
section he shall be guilty of a misdemeanor, 
and upon conviction shall be fined not less 
than one hundred dollars ($100.00) , nor more 
than one thousand dollars ($1,000.00), in the 
discretion of the court. Prosecution against 
the District Attorney shall be conducted by 
the Attorney General. The penalties of this 
section shall apply to any Justice of the 
Peace with proper authority, who refuses or 
neglects to issue a warrant for the arrest of 
any person or persons when complaint under 
oath of violation of any terms of this act has 
been lodged with him. 

PRIXTED CIRCULARS, NOTICES, BLANKS, ETC., 
TO BE FURNISHED BY THE SECRETARY 
OF STATE 

Section 16. The Secretary of State shall, 
upon request of the State Forester, furnish 
such printed circulars and cloth notices and 
such forms and blanks as shall be necessary 
to carry out and give publicity to the pro- 
visions of this act, the cost of providing such 
circulars, cloth notices, forms and blanks to 
be paid from the appropriation for defraying 
the expenses of the public printing, binding, 
etc., provided for the various State depart- 
ment^, boards, commissions, etc. Any person 
who shall , wilfully destroy or injure any 
notice posted in compliance herewith shall 
be punished by a fine of not less than ten 

42 



dollars ($10.00), nor more than fifty dollars 
($50.00), or by imprisonment for one (1) 
day for each two dollars ($2.00) of such fine 
imposed in case of his neglect or refusal to 
pay such fine. 

Justices of the Peace have jurisdiction of cases grow- 
ing out of the violation of this section. 

COUXTY COMMISSIONERS MAY APPROPRIATE 
MONEY FOR FOREST PROTECTION 

Section 17. County boards of commission- 
ers may appropriate money for forest 
protection under the provisions of this act, 
and expenses incurred by any county board 
of commissioners in accordance therewith 
shall be a proper county charge. 

APPROPRIATION FOR THE BIENNIAL PERIOD 

Section 18. For the purpose of carrying 
out the provisions of this act, including the 
payment of the salaries and expenses of the 
officers and employes for which the State is 
liable under this act, there is hereby appro- 
priated out of any funds in the treasury 
not otherwise appropriated the sum of sixty 
thousand dollars ($60,000.00), or so much 
thereof as may be necessary. The Secretary 
of State is hereby authorized and directed to 
audit all duly approved claims which have 
been incurred in pursuance of this act and 
the foregoing appropriation and to draw his 
warrant on the State Treasurer in the pay- 
ment thereof out of the appropriation made 
by this act or other appropriation from which 
the same may be determined to be payable. 

43 



Section 19. It is hereby adjudged and 
declared that precautionary measures pro- 
vided by this act must be taken immediately 
and before the actual fire season, and that 
since existing conditions are such that this 
act is necessary for the immediate preserva- 
tion of the public peace, health and safety, 
an emergency is declared to exist and this 
act shall take effect and be in full force and 
effect from and after its approval by the 
Governor. 

Section 20. That Sections 5508, 5509, 
5510, 5511, 5512, 5513, 5514, 5515, 5516, 
5517, 5518, 5519, 5520 and 5521, of Lord's 
Oregon Laws are hereby repealed. 

Filed in the office of the Secretary of 
State February 24, 1911. 



CHAPTER 90 OF THE LAWS OF OREGON 
FOR 1913 



AN ACT 



To make every county judge ex officio a fire warden 

. within his county, and to provide the conditions under 

which slashings and timber cuttings may be burned. 

Be it.enacted by the People of the State of Oregon: 
Section 1. That every county judge with- 
in the State of Oregon is ex officio a fire 
warden and shall, have all the rights and 
powers and perform all the duties of a regu- 
larly, appointed fire warden, within the 
boundaries, of his county, as such rights, 
powers ^nd duties are provided and defined 
by the General Laws of Oregon. Every such 

44 



county judge is hereby authorized to issue 
and revoke permits for burning slashings, 
choppings, wood lands and brush lands 
between June 1 and October 1 of each year. 
Section 2. Every person to whom such a 
permit is issued shall give at least 24 hours' 
notice to each resident owner of adjoining 
lands, of the time when he intends to set fire 
in accordance with his permit. 



CHAPTER 247 OF THE LAWS OF OREGON 
FOR 1913 



AN ACT 



To require owners of timber lands to provide a fire patrol 
therefor. 

Be it enacted by the People of the State of Oregon: 
Section 1. Every owner of timber land 
in the State of Oregon shall furnish or pro- 
vide a sufficient fire patrol therefor during 
the season of the year when there is danger 
of forest fires, which patrol shall meet with 
the approval of the State Board of Forestry. 
Section 2. In case any owner or owners 
shall fail or neglect to provide such fire 
patrol, then the State Forester, under direc- 
tion from the State Board of Forestry, shall 
provide the same at a cost not to exceed five 
(5) cents per acre per annum. Any amounts 
so paid or contracted to be paid by the State 
Forester, shall be a lien upon the property, 
and shall be reported by the State Forester 
to the county court of the county in which 

45 



such lands are situated, and shall by such 
court be levied and collected with the next 
taxes on such lands in the same manner as 
taxes are collected. Said county court shall 
instruct the proper officer to extend the 
amounts on the assessment roll in a separate 
column, and the procedure provided by law 
for the collection of taxes and delinquent 
taxes shall be applicable thereto, and upon 
collection thereof the county court shall 
repay the same to the State Forester, to be 
applied to the expenses incurred in carrying 
out the provisions of this act. 

Section 3. For the purposes of this act, 
any land shall be considered timber land 
which has enough timber standing or down 
to constitute, in the judgment of the State 
Board of Forestry, a fire menace to itself or 
adjoining lands. 

Section 4. The owner of any land coming 
under the provisions of this act, who shall 
reside within one and one-half miles of said 
land, shall be considered, by virtue of said 
residence, to maintain a sufficient fire patrol 
and shall not be compelled to maintain 
additional patrol on such land. 

Section 5. For the purposes of this act, 
an adequate fire patrol shall be construed to 
mean one equal to that maintained by 50 per 
cent of the timber owi^ers in the same 
locality, or under similar conditions in other 
localities^ who are in good faith patrolling 
their- lands against fire. 



46 



INDEX 

Page 
Allowing fire to escape to land of another 36 

Annual slashings: 

Loggers, builders of roads and railroads to 

burn 38 

Precautions in burning during closed season 38 

Appropriations 43 

Arrests and prosecutions 13 

Arrests, powers of State wardens 8, 13 

Badges 26 

Burning without permit: 

Regulations governing 35 

When permissible 33 

Camp fires: 

. Building of 37 

Leaving fire unattended 37 

County Commissioners may appropriate money 

for forest protection 43 

County judges made ex-officio fire wardens. 44 

County officials to act as fire wardens 30 

County to pay one-third of expenses incurred... 30 

Distribution of forest fire laws 8 

District attorney to prosecute offenders 41 

District wardens 15 

Federal patrolmen 19 

Fines, disposition of.. 41 

Fire fighting: 

General instructions 22 

Policy of the State 23 

Fires: 

Camp fires 37 

Damage from 40 

Incendiary 40 

Permits for 9, 32, 33 

Reports on 12 

Fire patrol law 24, 45 

47 



INDEX — Continued 

Page 

Fire warden service 7 

Instructions: 

Federal patrolmen 19 

District wardens 15 

Voluntary wardens 21 

Wardens employed by timber owners or 

associations 20 

Law enforcement 13 

Permits to burn slashing 9, 33 

Posting of notices..... 11 

Rangers on the national forests 29 

Reports on fires 12 

Setting fires to woods, etc.... 36 

Small fires, importance of reports on 12 

Spark arresters 37 

Special wardens 7 

State Board of Forestry 2, 27 

State fire wardens: 

Appointment of 29 

Duties of 32 

Failure to comply with duties 32 

Power to enter lands of others 32 

State Forester: 

Appointment 28 

Duties of 28, 29, 30 

To designate fire districts 31 

Supplies 26 

Telephone connection 16 

Timber owners required to furnish patrol... 24, 45 

Voluntary fire wardens 21 

Wardens employed by timbef owners or asso- 
ciations 20 



48 



$M: 



LIBRARY 




